Arizona silver belt., 1887-01-29
srEc,ors tnaIsLArsoN.

greater rate for passenger fare than
FIVE cents per mile, within the Terri
tory IF Arizona, or FIVE cents per mile
per ton for freight or ten cents per
mile per car for live stock, and exact
ing penalty Of $500 FROM railroads,
for charging greater sum.
The bill is ambiguous, in this, thatit
applies the restriction to "any rail
road or other common carrier" and
exaets the $500 penalty from railroads
only, for an infracton of its provis-
ions.
If the intention Of tho bill was not
to apply the penalty to other "com.
mon carriers"--express companies,
teamsters and stage companies, who
are common carriers as well as rail-
roads--the query arises, is not this
special legislation2-as lnterdited by
the act OF. Congress, approved July 80,
1885, which prohibits the enactment,
by territorial legislature, OF any law
granting special privileges or immu-
mites to any corporation in the con-
duct of the same business as is contsm-
plated by Ashurst's bill, which applies
a penalty to railroads and excepts
other common carriers from its inHict-
ion.
To determine who is a common car
rier, we adopt the definition of Chief
Justice Parker of Massachusetts, who
defines them to be, tone who under
takes, for hire, to transport the goods
of such as choose to employ him, from
place to place, and although such car
rying is not his general business, but
only occasional and incidental, he is
still a common carrier" he also re-
gardsd truCk-men, porters and the
like, vino undertake generally to carry
goods from one part of city to
another, as common carriers, as also
wagoners and teamsters engaged in
carrying goods for hire, 1t has been
held that there are no grounds in rea-
son why the occasional carrier, who
periodically, in every recurring year,
abandons his other pursuits and
assumes that Of transporting goods for
the pablo, should be exempt from
any of the risks incurred by those who
make the carrying business their con-
stant or principal occupation, The
mode of transportation is immaterial,
TO constitute a common carrier.
Telegraph Companies are also, in
contemplation of law, common cRrri-
srs and are subject to the rules of law
covering the same. Stage coaches,
buckbOards and jerkies are placed
within the category of common car
tlers.
The reforms sought by Ashurst's
measure have been anticipated by the
Interstate Commerce bill, which pass.
ed both houses of Congress and will
go into effect sixty days from the time
Of It's passage. Ashurst's bill, in 50
far as it conflicts with the late con-
gressional enactment, would be inOp.
erative and the latter law viii give all
the protestion required, from extortion
by railroads.
The Interstate Commerce bill pro.
vides that all charges made for any
service rendered in the transportation
of passengers or property shall be
reasonable and just, and every unjust
or unreasonable charge for such sorv-
ice is prohibited and declared to be
unlawful. Section makes it unlaw-
full for any common carrier, subject
to the provisions of this Act, to
charge any person or persons
greater or less compensation for trans
porting passengers or property than
it demands from any one else for like
service.
Section 8 makes it unlawful to make
or give any undue or unreasonable
preference or advantage to any par
ticular person, company, corporation
or locality. 1t also provides that
common carriers shall afford all rea-
sonable, proper and equal facilities
for the interchange Of traffic between
their respective lines and for the re-
eeiYing, forwarding and delivering Of
passengers and property to and from
their several lines and those connect
pag theraoith, without discrimination
in rates and charges.
Section a treats Of the long and
short haul and prohibits charging a
greater compensation for transporting
passengers or goods, under similar
circumstances. for shorter than for
longer distance er She same line,
unless bv n ut Of the Commis.
sion
s"'oo .as lawful the pool,
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